Does Section 12022.7 of the California Penal Code require a finding of intentional infliction of great bodily injury?

California, United States of America


The following excerpt is from People v. Phillips, 208 Cal.App.3d 1120, 256 Cal.Rptr. 654 (Cal. App. 1989):

We hold that by its terms, section 12022.7 requires not merely an intent to do the act which causes the great bodily injury, but an intent to cause such injury itself. Otherwise, presumably the statute would have been worded similarly to section 12022.8, which mandates a sentence enhancement for "[a]ny person who inflicts great bodily injury, as defined in Section 12022.7, on any victim in a violation of" various enumerated statutes. Section 12022.8 does not require a finding of intentional infliction of great [208 Cal.App.3d 1124] bodily injury. (People v. Brown (1985) 174 Cal.App.3d 762, 766, 220 Cal.Rptr. 264.)

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